Sreelekha.M. vs State Of Kerala
2021 Latest Caselaw 5659 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                   WP(C).No.3140 OF 2021(N)

PETITIONERs :-

      1     SREELEKHA.M., AGED 46 YEARS
            W/O.SRI.RAJU T.K., THAKIDIYEL HOUSE,
            VARAMBATTA P.O., WAYANAD DISTRICT, PIN - 673 575.

      2     BINDHU M.K., AGED 38 YEARS
            W/O.SRI.CHANDRAN T., THANNIYODU HOUSE,
            AALAKANDIKUNNU, VARAMBATTA P.O., PADINHARATHARA,
            WAYANAD DISTRICT, PIN - 673 575.

      3     ANEESHA P.K., AGED 42 YEARS
            W/O.SRI.PADMANABHAN, KOTTIYODUKUNNU,
            MATHURA P.O., PERAL,
            WAYANAD DISTRICT, PIN - 673 575.

      4     SUJATHA M.A, AGED 38 YEARS
            W/O.SRI.MOHANAN, VILAKOTTUKUNNU HOUSE,
            VEETTIKKAMOOLA, ARAMBATTAKUNNU P.O.,
            WAYANAD DISTRICT, PIN - 673 575.

            BY ADVS.
            SMT.K.R.KRISHNAKUMARI
            SMT.M.J.SAJITHA

RESPONDENTS :-

      1     STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            SOCIAL JUSTICE DEPARTMENT,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001.

      2     THE DIRECTOR,
            SOCIAL JUSTICE DEPARTMENT,
            DIRECTORATE OF SOCIAL JUSTICE,
            THIRUVANANTHAPURAM, PIN - 695 001.

      3     THE DISTRICT SOCIAL WELFARE OFFICER,
            OFFICE OF THE DISTRICT SOCIAL WELFARE OFFICER,
            CIVIL STATION, IIND FLOOR, KALPETTA NORTH,
            WAYANAD DISTRICT, PIN - 673 122.
 WP(C).No.3140 OF 2021(N)

                              -: 2 :-


       4      THE CHILD DEVELOPMENT PROJECT OFFICER,
              OFFICE OF THE CHILD DEVELOPMENT PROJECT OFFICER,
              KALPETTA ICDS PROJECT, WAYANAD, PIN - 673 121.

       5      SELECTION COMMITTEE CONSTITUTED FOR PREPARATION OF
              RANK LIST FOR THE POST OF ANGANAWADI HELPERS
              FOR PADINHARATHARA GRAMA PANCHAYATH,
              REPRESENTED BY ITS CONVENER,
              CHILD DEVELOPMENT PROJECT OFFICER,
              OFFICE OF THE CHILD DEVELOPMENT PROJECT OFFICER,
              KALPETTA ICDS PROJECT, WAYANAD, PIN - 673 121.

       6      THE SECRETARY,
              PADINHARATHARA GRAMA PANCHAYATH,
              OFFICE OF THE PADINHARATHARA GRAMA PANCHAYATH,
              PADINHARATHARA, WAYANAD DISTRICT, PIN - 673 575.

       7      AYISHA A.K.,
              ARIKKETTI HOUSE, VARAMBATTA P.O.,
              WAYANAD DISTRICT, PIN - 673 575.

       8      SINDHU N.S.,
              EETIVILLATHEKKETHIL HOUSE, MUNDAKUTTI P.O.,
              MANANTHAVADI, WAYANAD DISTRICT, PIN - 670 645.

       9      RAGINI M.G.,
              PARANIRAPPUKUNNU, MANJOORA P.O., POZHUTHANA VIA,
              WAYANAD DISTRICT, PIN - 673 575.

       10     SUNITHA R.,
              MANGOTTUKUNNU HOUSE, PUTHUSSERIKKADAVU P.O.,
              MANANTHAVADI, WAYANAD DISTRICT, PIN - 670 645.

       11     NASEEMA T.,
              MANDOKKARA HOUSE, PADINHARATHARA P.O.,
              WAYANAD DISTRICT, PIN - 673 575.

       12     NASIYATH V.A,
              MANGADAN HOUSE, MUNDAKUTTI P.O.,
              WAYANAD DISTRICT, PIN - 670 645.

       13     THANKA K.T.,
              KALLUMOTTANKUNNU HOUSE, MUNDAKUTTI P.O.,
              WAYANAD DISTRICT, PIN - 670 645.

       14     JISHA ELIZABATH,
              MELEKKANDATHIL HOUSE, VARAMBATTA P.O.,
              WAYANAD DISTRICT, PIN - 673 575.
 WP(C).No.3140 OF 2021(N)

                              -: 3 :-

       15     SAFIYA K.,
              KODAKKAD HOUSE, PADINHARATHARA P.O.,
              WAYANAD DISTRICT, PIN - 673 575.

       16     NISHA DEVI S.,
              VADAKKE VEEDU, PUNCHAVAYAL, PADINHARATHARA P.O.,
              WAYANAD DISTRICT, PIN - 673 575.

       17     SAINABA K.,
              THODAN HOUSE, PADINHARATHARA P.O.,
              WAYANAD DISTRICT, PIN - 673 575.

ADDL. 18      THE DIRECTOR,
              WOMEN AND CHILD DEVELOPMENT,
              DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT,
              POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695 012.

              ADDITIONAL 18TH RESPONDENT IS IMPLEADED AS PER
              ORDER DATED 17.2.2021 IN I.A.No.1/2021.

              BY SRI.BIJOY CHANDRAN, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3140 OF 2021(N)

                                       -: 4 :-


                                   JUDGMENT

Dated this the 17th day of February, 2021

This writ petition is filed seeking the following reliefs :-

"a) To issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext.P11 rank list since the same is highly arbitrary, discriminatory and violative of the specific directions in Exts.P5 & P7 G.Os. and Ext.P6 guidelines of the Central Government and against the directions of this Hon'ble Court in Exts.P8 & P9 judgments as also in violation of the petitioner's fundamental rights under Articles 14, 16 & 21 of the Constitution of India.

b) To declare that the selection committee constituted for the preparation of selection list for the post of Anganwadi Helpers in Padinharathara Grama Panchayat is not in accordance with Exts.P5 to P9 and therefore the selection process conducted by such an improper committee including Ext.P11 Rank list and all further proceedings pursuant to Ext.P11 rank list are invalid.

c) To issue a writ of mandamus or any other appropriate writ, order or direction commanding 4 th respondent to convene a new selection committee strictly as per Exts.P5 to P9 and to conduct a fresh selection and prepare a new selection list for Anganwadi Helpers in Padinharathara Grama Panchayat."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioners

that the petitioners have preferred Ext.P15 representation before the

additionally impleaded 18th respondent and seeks a consideration of

the same.

WP(C).No.3140 OF 2021(N)

Having considered the contentions advanced, there will be

a direction to the 18th respondent to take up Ext.P15 representation

preferred by the petitioners and to pass appropriate orders thereon

with notice to the petitioners as well as the contesting respondents

and any other persons, who are likely to be affected by the orders to

be passed thereon. Orders shall be passed within a period of two

months from the date of receipt of a copy of this judgment. The

hearing can be conducted through any appropriate means including

by video conferencing. It is made clear that the appointments already

made from the ranked list shall be subject to revision, on the basis of

the orders passed by the 18th respondent as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/20.2.2021 WP(C).No.3140 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 15.11.2019 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 8.3.2019 ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 15.11.2019 ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P5 TRUE COPY OF GO(MS)NO.58/08/SWD DATED 22.10.2008.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.DO NO.1-13/2010-CD.1 DATED 18.10.2010 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF WOMEN AND CHILD DEVELOPMENT.

EXHIBIT P7 TRUE COPY OF THE G.O.(MS) NO.74/2012/SWD DATED 22.12.2012.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 24.7.2015 IN WP(C) NO.16481/2011.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 29.8.2016 IN WP(C)NO.22123/2016.

EXHIBIT P10 TRUE COPY OF THE CIRCULAR NO.ICDS.B4-4371/16 DATED 14.11.2016 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE RANK LIST OF ANGANWADI HELPERS IN PADINHARATHARA PANCHAYATH.

EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 15.10.2020 IN WP(C) NO.21921/2020.

EXHIBIT P13 TRUE COPY OF THE NEWS ITEM IN MATHRUBHOOMI DAILY DATED 2.1.2021.

EXHIBIT P14 TRUE COPY OF THE NEWS ITEM IN DESABHIMANI DAILY DATED 14.1.2021.

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 10.02.2021 SENT BY SPEED POST BY THE PETITIONERS TO THE ADDITIONAL 18TH RESPONDENT.

WP(C).No.3140 OF 2021(N)

EXHIBIT P16 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 05.02.2021 IN WP(c) NO.3035/2021.

//TRUE COPY//

P.A. TO JUDGE